g) During the course of any investigation and until the procedure provided for in this Article, including the review procedure provided for in f) has been exhausted, the status quo will be preserved insofar as practicable unless the Representative of the Secretary of Labor and the Mexican Consul otherwise jointly agree. h) Any Employer or Mexican Consul or Mexican Worker who desires to make a complaint under this Agreement or under the Work Contract shall follow the procedure established in this Article. JOINT INTERPRETATION "To facilitate investigations and determinations made under Article 30 of the Agreement, it is understood that when a Mexican Consul or an employer is apprising the Representative of the Secretary of Labor of a complaint on the basis of which a preliminary investigation will be made by the Representative of the Secretary of Labor, the Mexican Consul or the employer, as the case may be, shall state the nature of the complaint in sufficient detail to enable the Representative of the Secretary of Labor to know in what specific respects the Agreement or the Work Contract is alleged to have been violated by either one. If the Mexican Consul disagrees with the conclusions reached by the Representative of the Secretary of Labor on the basis of the preliminary investigation and requests a joint investigation, the Mexican Consul shall specify the basis of his disagreement. "The Agreement at present permits an employer to appeal from the joint determination of the representative of the Secretary of Labor and the Mexican Consul and requires maintenance of the status quo in so far as possible during the pendency of the appeal. In order to afford all due protection to the Mexican Worker, it is agreed that whenever the representative of the Secretary of Labor and the Mexican Consul jointly determine that to maintain the status quo would imperil the health or life of a worker they may terminate the work contract. "The provision in Article 30 e) for forwarding compliance cases 'together with all available evidence' to Washington for a joint determination by the Representative of the Mexican Government and the Secretary of Labor because of the inability of the Mexican Consul and the Representative of the Secretary of Labor to reach a joint determination in such case, contemplates that both the Employer and the Mexican Worker be afforded an opportunity to present such additional arguments and evidence as they desire to be considered in connection with the review made at Washington. "The same day that the case is referred to Washington, the Employer shall be advised by the Regional Representative of the Secretary of Labor and the worker by the appropriate Mexican Consul General of the action taken with respect to the case. "The worker and the employer may, within 5 days of such notification, submit such additional arguments and evidence to Washington for consideration in connection with the final determination to be made in the case. "No appeal is permitted as a matter of right from the joint determination made at Washington.' Article 31 DEPARTURE THROUGH RECEPTION CENTERS Except as may otherwise be required by the laws of the United States, any Mexican Worker leaving the United States under conditions other than those provided for in this Agreement or the Work Contract shall be returned to Mexico by the Department of Justice through a Reception Center. Article 32 GUARANTEES BY UNITED STATES GOVERNMENT The Government of the United States guarantees the performance by Employers of the provisions of this Agreement and Work Contract relating to the payment of Wages and the furnishing of transportation. The Employer shall agree that the Secretary of Labor's determinations as to the Employer's indebtedness for Wages and transportation costs shall be final and binding upon him. The Government of the United States shall, with respect to any such amounts found to be due from a defaulting Employer, pay to the Mexican Worker the amounts determined to be due him within twenty days after the final determination has been made as to the Employer's indebtedness, or as promptly as possible thereafter. Article 33 CONSULAR AUTHORITY TO REPRESENT THE Article IX of the Consular Convention between the United States of America and the United Mexican States formalized by the two Governments on August 12, 1942, shall apply to Mexican Workers with respect to all rights established therein. The appropriate Consul of Mexico is authorized to receive payment for any sums due a Mexican Worker whose address in the United States cannot be ascertained and to issue receipts in the name of the Mexican Worker. For this purpose, the Employer shall use cashier's checks payable to the Secretary of the Foreign Ministry of Mexico. The Employer and the United States Government shall be relieved of responsibility for the claims covered by such payment as soon as the check is delivered to the Mexican Consul. JOINT INTERPRETATION "Article 33 is construed to mean that all sums due a Mexican worker whose address cannot be ascertained, whether such amounts were earned prior or subsequent to May 19, 1952, shall be paid to the 1 Treaty Series 985; 57 Stat. 800. appropriate Mexican Consul by a cashier's check, a certified check, a money order or such other form of negotiable instrument as may be satisfactory to the Mexican Government, drawn in favor of both the Worker and the Secretaria de Relaciones Exteriores de Mexico (Ministry of Foreign Relations of Mexico), precisely in the following manner: -) or Secretaria de ་ ་(--- Exteriores de "The check shall be drawn as indicated in favor of both names. "Uncashed checks previously issued in some other form should, if returned by the Mexican Government, be redrawn in accordance with this Interpretation. "The employer and the United States Government are relieved of all responsibility for the claims covered by such payment as soon as the check is delivered to the Mexican Consul." Article 34 EXEMPTION FROM MILITARY SERVICE Mexican Workers who enter the United States of America under the terms of this Agreement shall not be required to register for military service in that country and they shall not be accepted for military service. Form I-100, issued to each Mexican Worker by the United States Department of Justice, shall constitute the proper identification to the local Selective Service Boards for exemption of such Mexican Workers from registration and from military service. Article 35 PROTECTION OF RIGHTS UNDER UNITED STATES LAW The Government of the United States of America agrees to exercise. special vigilance and its moral influence with state and local authorities, to the end that Mexican Workers may enjoy impartially and expeditiously the rights which the laws of the United States grant to them. Article 36 EXCLUSION OF INTERMEDIARIES In no case shall private employment or labor contracting agencies operating for profit be permitted to participate in the contracting of Mexican Workers. Article 37 JOINT INTERPRETATIONS The two Governments will issue joint interpretations of the Agreement and the Work Contract whenever they deem it necessary and such interpretations shall be binding on the Representatives of both Governments, the Mexican Worker and the Employer. Article 38 GOVERNMENT ACTION TO SUPPRESS ILLEGAL ENTRY Both Governments acknowledge that the illegal traffic or the illegal entry of Mexican nationals is an element which impedes the effective functioning of this Agreement. Accordingly, they agree to enforce to the fullest extent the provision of their respective applicable laws and to take all possible additional measures for the elimination of such illegal traffic and entry across the International Boundary. Article 39 TIME LIMITATIONS FOR FILING CLAIMS a) The United States Government shall be relieved of liability as guarantor under the provisions of Article 32 of this Agreement for any sum due a Mexican Worker under this Agreement and the Work Contract unless written claim therefor is filed with the Secretary of Labor within two years from the date of termination of the Work Con tract. b) The Employer shall be relieved of liability for any obligation whatsoever due a Mexican Worker under this Agreement and the Work Contract unless written claim therefor is filed with the Employer within the time provided in the State statute of limitation for filing of such claims in the State in which the Mexican Worker was employed at the time the obligation arose. Provided, however, that when a Mexican Worker is transferred to another Employer pursuant to this Agreement, the limitation period specified in paragraph a) of this Article shall begin on the date of termination of the Work Contract with the last such Employer to whom the Worker is so transferred. Article 40 TRANSITIONAL PROVISIONS All Work Contracts and all extensions thereof entered into after June 12, 1952, shall be governed by this Agreement, as amended. Article 41 TITLE AND DURATION OF AGREEMENT and new This Agreement, including Amendments to Articles 1 a), 1 b) (3), 1 j), 1 k), 4, 7, 11, 14, 15, 17, 18, 20, 21, 24, 25, 26, 27, 30, 33, 39, 40, and 41 hereof and Articles 1, 2, 3, 4, 7, 9, 10, 12, 13, 17, 19, Article 24, of the Standard Work Contract, shall be known as the "Migrant Labor Agreement of 1951, as Amended" and shall become effective immediately upon the exchange of Notes between the two Governments. It shall constitute an extension of the Migrant Labor Agreement of 1951 for a period not beyond December 31, 1956 unless sooner terminated by not less than thirty days' notice in writing by either of the High Contracting Parties to the other. Canadian-United States Relations 31. ECONOMIC COOPERATION: Joint Statement of Principles, October 26, 19501 The United States and Canada have achieved a high degree of cooperation in the field of industrial mobilization during and since World War II through the operation of the principles embodied in the Hyde Park Agreement of 1941,2 through the extension of its concepts in the postwar period and more recently through the work of the Joint Industrial Mobilization Planning Committee. In the interests of mutual security and to assist both Governments to discharge their obligations under the United Nations Charter and the North Atlantic Treaty, it is believed that this field of common action should be further extended. It is agreed, therefore, that our two Governments shall cooperate in all respects practicable, and to the extent of their respective executive powers, to the end that the economic efforts of the two countries be coordinated for the common defense and that the production and resources of both countries be used for the best combined results. The following principles are established for the purpose of facilitating these objectives: 1. In order to achieve an optimum production of goods essential for the common defense, the two countries shall develop a coordinated program of requirements, production, and procurement. 2. To this end, the two countries shall, as it becomes necessary, institute coordinated controls over the distribution of scarce raw materials and supplies. 3. Such United States and Canadian emergency controls shall be mutually consistent in their objectives, and shall be so designed and 1 Department of State Bulletin, Nov. 6, 1950, p. 743. The statement was prepared pursuant to a proposal of the Joint Industrial Mobilization Planning Committee, approved by the President of the United States and the Canadian Cabinet, and incorporated in an exchange of notes of Oct. 26, 1950, between the Secretary of State and the Canadian Ambassador at Washington; ibid., pp. 742-743. 2 Agreement of Apr. 20, 1941; A Decade of American Foreign Policy, p. 685. This committee was established, Apr. 12, 1949, by notes exchanged on this date; Department of State Bulletin, Apr. 24, 1949, p. 537. |